NEW YORK (1010 WINS) — A new lawsuit alleges a Columbia Records executive was sickened by “toxic dust” in his $2.3 million East Village apartment and forced to vacate for six months.
Julian Swirsky purchased the luxurious two-bedroom apartment on East 1st Street in February 2021 with the building decked out in amenities including a spa, sauna, steam room and state-of-the-art gym, his Manhattan Supreme Court lawsuit said.
The suit cites construction defects that “poisoned the air with carcinogens and toxic dust” which made the 1,089-square-foot residence uninhabitable.
After the co-op and co-op sponsor failed to make the necessary repairs, Swirsky did so himself in December, according to the court documents.
But Swirsky, who was recently hired as senior vice president of Columbia records, started having health issues after living in the apartment, including severe respiratory problems and skin irritation, with symptoms subsiding when Swirsky traveled and returning when he was home, the lawsuit states.
A private inspector, hired by Swirsky, found high amounts of construction debris and dust left in the HVAC system ducts including lead, gypsum, minerals and mineral quartz, which is known to cause lung cancer, the filing claims.
According to court documents, the quartz levels were eight times higher than normal in one of the apartment’s rooms and 10 times higher in another room.
The lawsuit also points to other issues in the building, like leaks and mold, defective flooring and the incompletion of the advertised amenities.
“Having had success in his career, Swirsky was looking to take some of his hard-earned money and buy an apartment in one of the high-end newly constructed buildings in New York City with luxury owner amenities, believing that would be the best fit for his lifestyle, which includes lots of client entertainment and travel,” the lawsuit read.
Swirsky dropped $150,000 to resolve the problems himself and is now taking the matter to court to be reimbursed for the work done as well as doctors fees and $200,000 in damages. He also wants to make sure the underlying issues get fixed so they don’t recur.
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